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Rule Details

BELCZOWSKI v REID

Citation 2019 ABQB 709
Court Court of King's Bench of Alberta
Year 2019
Justice NIELSEN ACJ

Rules Discussed

  • Rule 3.68 Court options to deal with significant deficiencies
  • Rule 9.4 Signing judgments and orders
  • Rule 13.7 Pleadings: other requirements

Case Summary

The Court had previously determined that the Statement of Claim filed in this Action was an Apparently Vexatious Application or Proceeding because the Plaintiff had made bald, unsupported allegations and, specifically, failed to give particulars of alleged defamation as required under Rule 13.7. Furthermore, the Plaintiff requested excessive, impossible or disproportionate remedies, including Charter relief for which the Statement of Claim contained no factual foundation.

The Court ordered that the Plaintiff be subject to a show-cause document-based review under Rule 3.68 and stayed the Action without the Plaintiff’s approval pursuant to Rule 9.4.

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